Kentucky Court of Justice
Kentucky Court of Appeals to hear oral arguments May 12 and 13 in Carrollton
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in five cases between Monday, May 12, and Tuesday, May 13, at the William L. Wheeler Hall of Justice in Carrollton. The proceedings will be open to the public.
A three-judge panel consisting of Court of Appeals Judges Michelle M. Keller and Kelly Thompson and Senior Judge John W. Graves will hear arguments in two cases starting at 1 p.m. Monday and three cases beginning at 10 a.m. Tuesday at the Hall of Justice, which is located at 802 Clay St.
Summaries of the cases the panel will hear are below.
Monday, May 12, 2008
1 PM 2007CA000089
MITZI WYRICK v DEPARTMENT OF REVENUE, FINANCE AND ADMINISTRATION
CABINET ET AL.
Summary: Civil. This case originated as an Open Records action in Franklin Circuit Court. Franklin Circuit Court upheld the appellees’ invocation of KRS 61.878(1), which addresses access to materials pertaining to civil litigation, to deny appellant’s Open Records request. The appellees allege that this is actually a discovery dispute masquerading as an Open Records request case.
Franklin County judge who ruled in the case – Judge Sam G. McNamara
Appellant’s attorneys: Rania Marie Basha, Deborah H. Patterson and Kathryne B. Raines
Appellees’ attorneys: Michael Gene Adams, Laura M. Ferguson and Christopher C. Trower
1:45 PM 2007CA002609
CLARENCE HICKS v R & J WELL SERVICE ET AL.
Summary: Workers’ compensation. Petition for Review filed by Clarence Hicks, who sustained an injury on Aug. 18, 2006, when he lifted a large wellhead weighing 150 pounds. The Workers’ Compensation Board’s opinion dated Nov. 30, 2007, affirmed the administrative law judge’s opinion dated July 20, 2007, dismissing the claims. The ALJ found no work-related injury, failed to apportion any active impairment and denied requested surgery.
Judge who ruled in the case – Workers’ Compensation Board
Appellant’s attorney: Thomas W. Moak
Appellees’ attorneys: Marc Christopher Davis, James William Herald III and Dwight T. Lovan
Tuesday, May 13, 2008
10 AM 2007CA000455
GREGORY DILLMAN v COMMONWEALTH OF KENTUCKY
Summary: Criminal. Appellant was convicted in a jury trial of trafficking in a controlled substance. During cross-examination, appellant alleges he was questioned about prior bad acts. Appellant asserted a Fifth Amendment right. Trial court ordered appellant to answer question. Appellant complains prosecution did not give notice pursuant to KRE 404 of intention to introduce evidence of other crimes, wrongs or acts, and of violation of Fifth Amendment rights. Alleges trial court improperly instructed jury to law of case.
Pulaski County judge who ruled in the case – Judge David A. Tapp
Appellant’s attorneys: Steven Jared Buck and Kathleen K. Schmidt
Appellee’s attorneys: Jack Conway and James Chesnut Maxson
10:45 AM 2007CA001348
EDDIE ROTHWELL v E. SINGLETON ET AL.
Summary: Civil. Appellant appeals a directed verdict during a jury trial of a will-contest action. Appellant believes sufficient evidence was introduced during his case-in-chief to compel that a jury decide this litigation.
Lincoln County judge who ruled in the case – Judge David A. Tapp
Appellant’s attorney: Frederick Short
Appellees’ attorneys: Daryl Kevin Day and Ephraim Woods Helton
11:30 AM 2007CA001444
Z.T. v M.T. ET AL.
Summary: Civil. Issues: Finding of dependency, neglect and abuse, and ordered that he have no contact with his children. When six-year-old child was questioned by county attorney, the judge ordered appellant to remain outside of room, view proceedings on closed-circuit TV and communicate with his attorney by way of microphone connected to earphones worn by his attorney. Alleges mother had affair with pastor for one year and had sexual relations with him in her home when children were home.
Kenton County judge who ruled in the case – Judge Christopher J. Mehling
Appellant’s attorneys: Robert Bathalter
Appellees’ attorneys: Kenneth L. Easterling, Martin Haas Jr., Karen E. McCracken, George Andrew Thompson and Kelly Sensel Wiley
Judge Michelle M. Keller
Michelle M. Keller was elected to the Kentucky Court of Appeals in November 2006 to serve as judge for Division 1 of the 6th Appellate District. She also serves as the Court of Appeals representative on the Judicial Conduct Commission.
The 6th Appellate District is comprised of Bath, Boone, Bracken, Campbell, Carroll, Fleming, Gallatin, Grant, Harrison, Henry, Kenton, Lewis, Mason, Nicholas, Oldham, Owen, Pendleton, Robertson, Shelby, Spencer and Trimble counties.
Prior to her election, Judge Keller practiced with Arnzen, Wentz, Molloy, Laber & Storm PSC in Covington. Her extensive legal experience includes representing clients in the area of criminal defense and serving as an assistant county prosecutor. Her work in litigation includes family law, personal injury and medical-negligence defense. She is experienced in administrative law and served the Kentucky Personnel Board as a hearing officer. She now serves as a board chairwoman emeritus. She is a member of the National Association of Administrative Law Judges and has represented numerous clients before state regulatory and licensure boards. She is also an adjunct professor at Xavier University, where she teaches medical/legal research, writing and forensics.
Judge Keller has been a licensed registered nurse in Kentucky since 1982. While working as an RN in critical care, Judge Keller earned her bachelor’s degree in psychology in 1985 from Northern Kentucky University, where she received the Charlotte Schmidlapp Scholarship. Judge Keller attended the evening division of Northern Kentucky University Salmon P. Chase College of Law while working full time. She was an Interest on Lawyers’ Trust Accounts scholar during law school and received her juris doctor in 1990.
Judge Keller has served the Northern Kentucky Bar Association as chairwoman of the Women Lawyers Section and as a member of numerous committees. She represented the 16th Judicial Circuit on the Kentucky Bar Association’s former House of Delegates.
In addition to her professional service, Judge Keller has a strong commitment to public service. She is a former chairwoman and board member for the Diocesan Catholic Children’s Home. She is a founding and current member of the Northern Kentucky Children’s Advocacy Center Advisory Council and has served the interests of children in court as a guardian ad litem. Judge Keller also volunteers with the Women’s Crisis Center and her local church and is an academic team coach at her daughters’ school.
Judge Keller is a lifelong Kentuckian and the oldest of five children. She and her husband, Dr. James Keller, have two daughters, Brenna and Olivia.
Judge Kelly Thompson
Kelly Thompson was elected to the Kentucky Court of Appeals in November 2006. He represents Division 2 of the 2nd Appellate District, which is comprised of Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union and Warren counties.
Judge Thompson practiced law in Bowling Green from 1974 until his election in 2006. He was the chief public advocate for the 8th Judicial District from 1976 to 1999, and he twice served on the board of directors for the Bowling Green-Warren County Bar Association. He was chief trial counsel for the Kentucky Department of Highways in Hardin County from 1972 to 1973 and served as law clerk for the Kentucky Court of Appeals from 1973 to 1974.
Judge Thompson graduated from Western Kentucky University in 1968 with a bachelor’s degree and a teaching certificate. He earned his juris doctor from the University of Kentucky College of Law in 1972.
Judge Thompson has been admitted to practice before the U.S. Board of Claims and the U.S. Supreme Court. He has successful appellate experience in the 6th Circuit Court of Appeals, the Supreme Court of Kentucky and the Kentucky Court of Appeals. He is a recipient of the Kentucky Bar Association’s Donated Legal Services Recognition Award. He has been certified as a civil trial specialist by the National Board of Trial Advocacy, which is accredited by the American Bar Association to certify lawyers in civil, criminal and family law trial advocacy. Judge Thompson has also served as a board member for numerous civic organizations in Warren County.
Judge Thompson was born in 1948 and is a Warren County native. He is married to the former Victoria Golden. He has one daughter, Elizabeth, and three grandchildren.
Senior Judge John W. Graves
John W. Graves of Paducah became a senior judge after retiring as a Supreme Court justice in December 2006.
Judge Graves was elected to the Supreme Court of Kentucky in November 1995 and re-elected for a second term in 1998. He served as a circuit judge after being appointed in 1989 and as a district judge after he was appointed in 1984.
Prior to his judicial career, Judge Graves was an attorney in private practice for 20 years.
Judge Graves earned his juris doctor from the University of Kentucky College of Law. He has a bachelor’s degree from the University of Notre Dame.
Judge Graves and his wife, Mary Ann, have two children, James Anthony and Kevin Andrew.
Kentucky Court of Appeals
Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal-case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.
Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel about the state to hear cases.
The Administrative Office of the Courts in Frankfort supports the activities of 4,000 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.